1. What is the Visa Bulletin?

The Visa Bulletin is a monthly publication by the United States Department of State that provides information on immigrant visa availability for potential immigrants. It also includes dates and categories for visa processing, as well as other important updates and news regarding immigration.

2. Why does the Visa Bulletin exist?

The Visa Bulletin exists to regulate the issuance of immigrant visas by the United States government. It provides information on the availability of immigrant visa numbers and determines when individuals can apply for their green card or permanent residence. The Visa Bulletin was created in order to manage the limited number of immigrant visas available each year, as set by Congress, and to ensure a fair and orderly system for admitting immigrants into the United States.

3. How often is the Visa Bulletin updated?

The Visa Bulletin is typically updated once a month, usually in the middle of the month. However, it is subject to change depending on any unexpected visa number fluctuations or changes in immigration policies.

4. Who publishes the Visa Bulletin?

The Visa Bulletin is published by the U.S. Department of State’s Bureau of Consular Affairs.

5. What information can be found on the Visa Bulletin?

On the Visa Bulletin, you can find information about the availability of immigrant visas (also known as Green Cards) for different countries and categories, based on the monthly visa allocation set by the US State Department. It shows the current priority dates for each category, which determines when an applicant can submit their visa application. It also indicates whether a country is currently oversubscribed or if there are any changes to visa availability from the previous bulletin.

6. How do I read and interpret the Visa Bulletin?

The Visa Bulletin is a monthly publication by the U.S. Department of State that provides information on the availability of immigrant visa numbers for current and future applicants. The bulletin is divided into three sections: Family-sponsored preferences, Employment-based preferences, and Diversity Visa (DV) Lottery.

1. Determine your Priority Date: Before you can determine when you may be able to apply for an immigrant visa or adjust status, you must first determine your priority date. This is the date when the petition for an immigrant visa was filed on your behalf with USCIS.

2. Check the Visa Bulletin: Once you have determined your priority date, check the corresponding section in the Visa Bulletin to see if it is current (“C”) or if a visa number is available for your preference category and country of birth.

3. Understand Preference Categories: Each section of the Visa Bulletin is divided into different preference categories (F1, F2A, F2B, F3, and F4 for family-sponsored preferences; EB1, EB2, EB3, EB4, and EB5 for employment-based preferences).

– For family-sponsored preferences: F1 – unmarried sons and daughters of U.S. citizens; F2A – spouses and children under 21 years old of lawful permanent residents (LPRs); F2B – unmarried sons and daughters over 21 years old of LPRs; F3 – married sons and daughters of U.S. citizen; F4 – brothers and sisters of U.S. citizens.
– For employment-based preferences: EB1 – priority workers (including persons with extraordinary abilities, outstanding professors or researchers, and multinational executives or managers); EB2 – professionals holding advanced degrees or individuals with exceptional ability in certain professions; EB3 – skilled workers, professionals holding bachelor’s degrees not qualifying for a higher preference category; unskilled workers (other workers); EW4 – special immigrants including religious workers; EW5 – investors.
– For Diversity Visa Lottery: The diversity visa (“green card lottery”) is available for individuals from countries with low rates of immigration to the United States.

4. Check your Country of Birth: Certain categories may have a separate allocation for each country, so it is important to check the country specific column. If your country is not listed, you are considered “unassigned” and should use the “All Chargeability Areas Except Those Listed” column.

5. Understand Cut-off dates: The cut-off date in the Visa Bulletin represents the priority date of the first applicant who could not be accommodated for a visa number that month. This means that if your priority date is earlier than the cut-off date listed in the bulletin, a visa number is available for you.

6. Follow Movement of Cut-off Dates: The cut-off dates may move forward or backward each month depending on demand and availability of visa numbers. You can track these movements by comparing the current bulletin to previous months.

7. Applying for an Immigrant Visa or Adjustment of Status: Once your priority date is current, you can apply for an immigrant visa through consular processing or file an application for adjustment of status (if eligible) with USCIS.

It’s important to note that being current in the Visa Bulletin does not necessarily mean you will be approved for a visa or green card immediately. There may still be additional steps and requirements that must be met before receiving final approval. It is recommended to consult with an immigration attorney for personalized guidance and assistance with interpreting the Visa Bulletin.

7. Why do visa numbers sometimes retrogress or become unavailable?

Visa numbers may retrogress or become unavailable due to various factors, including:

1. Annual numerical limits: Each visa category and country has an annual limit on the number of visas that can be issued. Once this limit is reached, the visa numbers for that category and country become unavailable until the next fiscal year.

2. High demand: If there is a high demand for a particular visa category and country, the visa numbers may quickly reach their annual limit, causing them to retrogress or become unavailable.

3. Priority dates: Visa numbers are also allocated based on priority dates, which are assigned when a person’s petition is filed. If there is a large number of petitions with earlier priority dates than others, those with later priority dates may have to wait longer for a visa number to become available.

4. Per-country limits: In some categories, there is a limit on the number of visas that can be issued to citizens of a particular country in a fiscal year. This means that visa numbers for certain countries may become unavailable even if there are available numbers overall.

5. Government limitations or restrictions: In some cases, the government may impose limitations or restrictions on certain visa categories due to changes in policies or security concerns.

6. Unforeseen circumstances: Unforeseen circumstances such as natural disasters, political instability, or health crises can also cause delays or limitations in the availability of visa numbers.

7. Visa bulletin updates: The U.S. Department of State publishes monthly Visa Bulletins that provide information on visa availability for each month and any changes in cutoff dates (retrogression) for each category and country.

Overall, retrogression and unavailability of visa numbers are controlled by complex factors and can be unpredictable at times for specific categories and countries.

8. Can I apply for a green card based on the most recent Visa Bulletin even if it’s not my priority date yet?

Yes, you can apply for a green card based on the most recent Visa Bulletin if your priority date falls within the “current” category or is earlier than the date listed in the Bulletin. This means that there are immigrant visa numbers available for your category and country of birth, and you may file your green card application with USCIS. Keep in mind that other eligibility criteria, such as having an approved immigrant visa petition, must also be met before you can apply for a green card.

9. Is there a difference between a “current” visa number and a “final action” visa number in the Visa Bulletin?

Yes, there is a difference between a “current” visa number and a “final action” visa number in the Visa Bulletin.

A current visa number means that visas are currently available for anyone with an approved immigrant petition in that specific category and country of origin. This means that the individual can apply for adjustment of status or apply for an immigrant visa at a U.S. consulate or embassy abroad.

On the other hand, a final action visa number specifies the date when visas will be issued to applicants who have already gone through the application process and been approved. Once an applicant’s priority date is current and their final action visa is available, they can proceed to complete the last steps of their immigration process.

In summary, while both types of numbers indicate that visas are available, a current visa number allows for new applications to be filed, while a final action visa number allows for actual issuance of visas.

10. Can visa numbers from one category be used for another category in case of unused numbers?

No, visa numbers cannot be transferred or used for a different category if they have not been used in their original category. Each visa category has its own set of allocated numbers and they cannot be interchanged.

11. How are the cut-off dates determined in each category in the Visa Bulletin?

The cut-off dates are determined based on a combination of factors, including the number of visas available in each category and country, the demand for visas in each category and country, and the allocation of visa numbers. The Department of State also takes into consideration overall immigration trends, priority date movement from previous months, and other economic and political factors.

12. Can I check my priority date against both charts (Final Action Dates and Dates for Filing) in the Visa Bulletin?

Yes, you can check your priority date against both charts in the Visa Bulletin. The Final Action Dates chart is used to determine when a visa will be issued and the Dates for Filing chart is used to determine when you can submit your application for adjustment of status or immigrant visa processing. It is important to check both charts to see if your priority date is current and if you are eligible to take the next steps in the immigration process.

13. Does USCIS always follow the dates listed in the Final Action Dates chart when making adjustment of status decisions?

No, USCIS may not always follow the dates listed in the Final Action Dates chart when making adjustment of status decisions. USCIS may utilize a “filing date” system for certain visa categories, which allows individuals with earlier priority dates to file their adjustment of status applications sooner than those with later priority dates. Additionally, USCIS has discretion to move dates forward or backward based on demand and availability of immigrant visas. It is important to regularly monitor the Visa Bulletin and consult with an attorney for specific case guidance.

14. Are there any restrictions on which countries have access to green cards through employment-based immigration categories?

Yes, certain green card categories have restrictions on which countries are eligible to participate. The EB-1 category, which is reserved for individuals with extraordinary ability, outstanding professors and researchers, and multinational executives and managers, does not have any country-specific limitations.

However, the EB-2 and EB-3 categories have a per-country limit. This means that no more than 7% of the total number of green cards can be issued to applicants from a single country in a given year. This can result in longer wait times for individuals from countries with high demand for employment-based green cards.

Additionally, the Diversity Visa program (also known as the “green card lottery”) has eligibility restrictions based on country of birth. Only individuals from countries with low rates of immigration to the United States are eligible to apply. This list changes annually based on immigration data from the previous five years.

15. Can family members of employment-based immigrants receive visas at the same time as their relative’s principal applicant?

Yes, family members of employment-based immigrants can receive visas at the same time as their relative’s principal applicant. However, this is dependent on the specific visa category and priority date. In some cases, family members may have to wait for a visa to become available before they can receive one. It is recommended to consult with an immigration lawyer to determine the specific timeline for each individual case.

16. What happens if an employment-based immigrant has an approved I-140 but their priority date is no longer current by the time they file for their visa?

In this scenario, the employment-based immigrant will have to wait until their priority date becomes current again in order to apply for their visa and adjust status to lawful permanent resident. If the priority date retrogresses or becomes unavailable, they may experience a delay in receiving their visa. They may also be required to continue maintaining their non-immigrant status until their priority date becomes current again.

17. Is there a way to expedite my green card process if my country of birth has an overcrowding issue/backlog?

There is no specific way to expedite the green card process for individuals born in countries with backlogs or overcrowding issues. However, applicants can explore options such as e-requesting expedited processing if they have a compelling reason, applying for premium processing (if eligible), and staying on top of all required documents and updates from USCIS. It may also be helpful to work with an experienced immigration attorney who can advocate for your case and help navigate any potential delays.

18.What can I do if I miss my filing deadline due to retrogression or unavailability of visa numbers?

If you miss the filing deadline due to retrogression or unavailability of visa numbers, you should immediately notify the relevant government agency (such as USCIS for adjustment of status applications) and provide a valid reason for your delay. You may also need to provide proof that you have already begun the process (e.g. a receipt notice or proof of payment). In some cases, they may allow you to file later than the deadline or consider your application filed on time if there is evidence of extraordinary circumstances outside of your control.

It is important to be timely in notifying the agency and providing documentation to support your case. You may also want to consult with an immigration lawyer for guidance on how to proceed.

19.What are derivative beneficiaries and how are they affected by retrogression or unavailability of visa numbers?

Derivative beneficiaries are individuals who are eligible for a visa or green card based on their relationship to the primary beneficiary of a visa petition (for example, a spouse or child of someone who is seeking a work or family-based visa).

In cases where there is retrogression or unavailability of visa numbers, derivative beneficiaries may be affected in that they may have to wait longer to obtain their own visas. This is because, under U.S. immigration law, derivative beneficiaries cannot receive their visas until the main beneficiary’s priority date becomes current. If the priority date is retrogressed (moved backwards) or if there are not enough visas available for that particular category and country of origin, then derivative beneficiaries will also experience delays. In some cases, derivative beneficiaries may age out (reach 21 years old) during this waiting period and become ineligible for a dependent visa.

For example, if a U.S. citizen petitions for their siblings from Mexico and the sibling’s priority date becomes current in June 2021, but due to retrogression only visas from before June 2000 are available for Mexican siblings in that category, then the sibling’s derivatives will have to wait until new visa numbers become available before they can join them in the U.S.

It is important for petitioners to keep an eye on visa bulletin updates and plan accordingly to ensure that derivative beneficiaries do not age out or become ineligible during this waiting period.

20.What are cross-chargeability and concurrent filing, and how can they affect my priority date?

Cross-chargeability is a provision under the immigration law that allows a spouse or child of an employment-based green card applicant to use the earlier priority date of the principal applicant if their country of birth has a longer wait time for green card processing. This can potentially speed up their own immigration process.

Concurrent filing refers to submitting an adjustment of status application (Form I-485) at the same time as the initial employment-based immigrant visa petition (usually Form I-140). This allows applicants to apply for a work permit and travel document while waiting for their green card.

Both cross-chargeability and concurrent filing can affect an individual’s priority date by either allowing them to use an earlier priority date or by potentially speeding up the overall process. This ultimately depends on individual circumstances and should be discussed with an immigration attorney.